BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009251 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the Bronze Star Medal (BSM) with "V" (Valor) Device be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he received the BSM with "V" Device after discharge.  He claims his personal records were destroyed in a flood, but he has the medal with his name on the back.  He states his orders for the award could not be found in his record at St. Louis; however, he remembers it being in the file while he was in the National Guard.  

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's record shows he initially enlisted in the Regular Army in an enlisted status on 28 October 1968, in order to attend warrant officer flight school.  On 19 October 1969, upon completion of the warrant officer flight course, he was honorably discharged, in the rank of specialist five (SP5)/E-5, in order to accept a warrant officer appointment.   He was appointed a warrant officer one (WO1) in the U.S.  Army Reserve (USAR) on 20 October 1969, and entered active duty in that status.  

3.  The record shows he served in the Republic of Vietnam (RVN) from 
28 November 1969 through 23 November 1970.  His Military Personnel Records Jacket (MPRJ) is void of orders or other documents that indicate he was ever recommended for or awarded the BSM with "V" Device.  

4.  On 1 April 1971, the applicant was honorably released from active duty and transferred to the USAR, in the rank of chief warrant officer two (CW2).  The 
DD Form 214 he was issued on 19 October 1969 and the one issued on 1 April 1971, as amended by DD Forms 215 (Correction to DD Form 214) issued on 
9 November 2005 and 25 July 2006 show he earned the following awards during his active duty tenure:

* National Defense Service Medal 
* Army Aviator Badge
* Vietnam Service Medal with 3 bronze service stars 
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Air Medal (Numeral 12)
* RVN Gallantry Cross with Palm Unit Citation

5.  On 9 November 2009, the U.S. Army Human Resources Command, Military Awards Branch, in a response to a request from the applicant, informed the applicant they could not verify his entitlement to the BSM with "V" Device.  

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.  



7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-14 provides guidance for award of the BSM.  It states it is awarded for heroic or meritorious achievement or service in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Subsequent to submission of his application, the applicant provided an order that awarded him the BSM for meritorious service during the period November 1969 to November 1970.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the BSM with "V" Device to his record and
DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the BSM with "V" Device by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS.

3.  The applicant and all others concerned should know that this action related to the BSM with "V" Device in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

4.  The applicant provided a copy or orders awarding the BSM for meritorious service subsequent to submitting his application.  The addition of this award is an administrative action that does not require Board action.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/
RECOMMENDATION section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding the Bronze Star Medal to his record and DD Form 214.   



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120009251



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009251



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1